Discrimination Complaint Filed Against Texas Chicken and Burgers

Attorneys Ben Crump of Ben Crump Law and co-counsel Gennaro Savastano of Weitz & Luxenberg filed a complaint this week against Texas Chicken and Burgers on behalf of five transgender and gender-nonconforming clients who endured discrimination and were refused service in a New York City store in May.

The plaintiffs visited the Texas Chicken and Burgers restaurant in New York City at 2144 Frederick Douglass Blvd. on May 27, 2018. When the plaintiffs attempted to order chicken wings and chicken tenders, the employee from Texas Chicken and Burgers indicated that both food items were unavailable. Immediately after the plaintiffs stepped out of the ordering line, a white cisgender male immediately behind them ordered and was served chicken tenders from the same employee. One of the plaintiffs captured cell phone video of the incident after they were refused service.

The plaintiffs and their attorneys announced the lawsuit this week in front of the historic Stonewall Inn in New York City.

"Texas Chicken and Burgers has done nothing more than issue a sorry apology," said attorney Ben Crump. "Its leaders have swept this blatant act of discrimination under the rug. But their fault is both absolute and undeniable. We will not allow them to ignore this issue. We will not allow them to avoid this issue. We will shine a spotlight on this disgusting example of how Texas Chicken and Burgers treated our clients as second-class citizens based on their appearance, gender identity, and expression. Discrimination is discrimination. It doesn't matter whether it is based on race, gender, or sexual orientation. It is wrong."

"New York law has zero tolerance for transphobia and homophobia," said attorney Gennaro Savastano. "It is alarming that this type of outrageous conduct could happen anywhere, but especially in New York City. We are eager to seek justice for our clients and proud to represent them, especially in this current climate where fundamental dignity is at issue and disrespect has been increasingly normalized."

"The National Black Justice Coalition, the nation's only civil rights organization focused on the intersections of racial justice and LGBTQ equality, stands in support of Deja Smith and ensuring justice for all members of the Black community," said David Johns, executive director of the National Black Justice Coalition.